Convicted man released by judge has been re-arrested

Staff report

GAINESVILLE, Fla. – Daniel Julio Dominguez, 32, was arrested this morning and will be held without bond pending sentencing after a judge reversed a previous decision to release him on $5,000 bail after he was convicted of sending a written threat to kill, do bodily injury, or conduct a mass shooting or act of terrorism.

Dominguez was convicted by a jury on March 6, and Judge Peter Sieg ordered him released on $5,000 bond while he awaits sentencing, although Judge David Kreider had previously ruled that “there are no conditions of release reasonably sufficient to protect the community.”

On March 7, Assistant State Attorney Ryan Nagel filed a motion asking the judge to reconsider the post-trial bond, stating that Judge Sieg had indicated after the verdict that he believed that the previous finding that Dominguez should be held without bond had expired with the verdict and that a new motion must be filed. The defense had also argued that the pre-trial detention procedure did not apply after a verdict.

The judge had asked after the verdict whether electronic monitoring could be ordered after a verdict, and, according to the motion filed with the court, the defense was unable to answer one way or the other. After further arguments from both sides, Judge Sieg set bond at $5,000 with no other release conditions; Dominguez posted bond and was released.

In the March 7 motion, Nagel stated that the Florida Rules of Criminal Procedure state, “[i]f a verdict of guilty is rendered the defendant shall, if in custody, be remanded,” meaning turned over for detention, and any bond will be revoked. Nagel also cited a ruling in Kraft v. State, holding that a criminal defendant has “no constitutional right to bail after a verdict of guilty has been rendered.” Nagel argued that judges have discretion to allow a defendant to remain at liberty if they were free on pre-trial release before the verdict, but he was unable to find any case addressing post-verdict release in cases where the defendant was in custody pending trial, as Dominguez was.

Nagel further cited various officials who had expressed concern over Dominguez’ release, including the principal of Kanapaha Middle School, the target of the threat; the school district’s security chief; the school district’s threat management coordinator; and Gainesville Police Department’s supervisor of School Resource Officers.

A hearing was scheduled for today at noon, but Judge Kreider signed an order yesterday on behalf of Judge Sieg to take Dominguez into custody, agreeing that the order to set bail violated the Florida Rule of Criminal Procedure. The ordered revoked Dominguez’ bond and ordered that he be held without bond pending sentencing.

A capias was issued yesterday, and Dominguez was taken into custody early this morning. Dominguez’ sentencing is set for April 23.